Court No. - 28 Case :- WRIT - C No. - 16598 of 2006 Petitioner :- Anurag Singh Respondent :- Veer Bahadur Singh Purvanchal Vishwavidhyalaya Thru' Jaunpur Petitioner Counsel :- Dr. H.N. Tripathi Respondent Counsel :- Anil Tiwari,S.C. Hon'ble Sanjay Misra,J.
It is very fairly conceded by Mr. Anil Tiwari, learned counsel
appearing for the respondents no.1 and 2 that prior to passing of
the order dated 22.11.2006, whereby the examination of the
petitioner was cancelled, he was not given any opportunity of
hearing.
In view of the averment made in the writ petition on two issues,
the first that the petitioner has not signed at the time when he is
alleged to have been caught using unfair means and second that the
material found from his possession have no co-relation with the
examination, which he was giving on that date. It would be
appropriate that the petitioner should be given an opportunity of
hearing by the appropriate committee constituted by the Vice
Chancellor, which has taken decision to cancel the result of the
petitioner and the petitioner will be at liberty to canvas on both the
factual issues raised by him before this Court before the
Committee. The Committee should give him opportunity of
hearing and consider his objection and decide the same in
accordance with law.
Upon communication of a certified copy of this order on the
Registrar, Veer Bahadur Singh Purvanchal Vishwavidhyalaya,
Jaunpur (respondent no.1) by the petitioner, the Registrar should
ensure that the above mentioned proceedings are concluded as
expeditiously as possible preferably within a period of two months
from such date.
It is made clear that this Court has not expressed its opinion on the
merits of the claim made by the petitioner and that has to be done
by the Appropriate Committee as referred above.
The writ petition stands disposed of as above.
No order is passed as to costs.
Order Date :- 5.8.2010
Lbm/-